We are so used to watching streams now that we may not have considered what a livestream is... legally.
A live stream is a performance of a video game streamed live on the internet for everyone to see.
Copyrighted games that large corporations sell to end users for as much as 60 buck a pop ( or nothing depending on the game )
Can we be surprised that audio is being muted when twitch as a site is one huge copyright lawsuit waiting to happen.
Everything ever streamed on twitch other than by the developer or publisher of the game is a copyright infringement.
The only Legal hope that any streaming had of not being potentially sued was not being big enough for the holders to care.
Fair use doesn't make any exceptions for talking over or "playing" content.
Twitch was technically illegal from day one.
If they didn't intend to make a legal fight over "transformative works" (eg adding something to the content by talking over it or playing it) then why did they start the company in the first place!
We can run but we can't hide...
Until a legal battle over Fair Use is fought and won in the courts streaming has no legal standing.
To the law you're just violating copyright whenever you stream a game.
If hitbox or ustream gets big enough it will happen there too.
We need a large tech company with money ( Google would have made sense if they had not caved to holders already ) to fund a legal battle to redefine what fair use means in the world today.